Bennett v. Poipu Resort, Partners, L.P. et al
| Beverly K. Bennett |
| Poipu Resort, Partners, L.P. |
| Association of Apartment Owners of Poipu Point and Diamond Resorts International Club, Inc. |
| Roe Corporations 1-10, John Does 1-10, Roe Business Entities 1-10, Roe Partnerships 1-10, Emser Tile and Jane Does 1-10 |
| Poipu Resort Partners LP. and Poipu Resort Partners, L.P. |
| 1:2018cv00171 |
| May 14, 2018 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Kauai |
| ALAN C KAY |
| KENNETH J MANSFIELD |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on January 18, 2022. A more recent docket listing may be available from PACER.
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Filing 194
STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE OF ALL CLAIMS AND ALL PARTIES by Emser Tile - Signed by JUDGE ALAN C. KAY on 1/18/2022.It is hereby stipulated, by and between the parties hereto, (a) Plaintiff Beverly K. Bennett ("Plaintiff"), (b) Defendants Poipu Resort Partners L.P.; Diamond Resorts International Club; and Association of Apartment Owners of Poipu Point ("Poipu Defendants"), and (c) Third-Party Defendant Emser Tile, LLC ("Emser"), by and through their respective counsel, pursuant to Rule 41(a)(1)(A)(ii), Federal Rules of Civil Procedure, and Local Rule 41.1, that any and all claims in:(1) Plaintiff's Complaint, filed May 14, 2018;(2) Poipu Defendants' Third-Party Complaint, filed January 6, 2021;(3) Emser's Counterclaim Against the Poipu Defendants, filed January 8, 2021, and(4) any and all amendments to such pleadings, are hereby dismissed with prejudice. There are no remaining parties or claims.Each party will bear its own attorney's fees and costs in connection with this stipulation.This stipulation is signed by or on behalf of all appearing parties.(jni)
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Filing 193
EO: At the #191 Settlement on the Record held on November 29, 2021, the Court set a deadline for parties to submit their Stipulation for Dismissal. On December 28, 2021 the Court granted their 192 first request for continuance to January 7, 2022. Then on January 7, 2022 the parties informs the Court thatDefendant Emser has paid their part of the settlement, Defendants Poipu ran into a problem -- and was informed Defendant Poipu sent the check to the wrong address, and it was returned to them. Therefore, requesting further continuance of the deadline. Request for extension is granted. The deadline for submission of the Stipulation for Dismissal is EXTENDED from January 7, 2022 to January 14, 2022 and shall be emailed to kay_orders@hid.uscourts.gov. No further extensions will be allowed without a status conference before Judge Kenneth J. Mansfield. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
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Filing 192
EO: At the #191 Settlement on the Record held on November 29, 2021, the Court set a deadline for parties to submit their Stipulation for Dismissal. On December 28, 2021 the parties jointly request further continuance and informs the Court that the parties are close to finishing the settlement documents, but OPGI has not received the settlement check and that Mr. O'Connor have not been able to check with the adjuster due to his vacation schedule. Request for extension is granted.Stipulation for Dismissal deadline is extended from December 29, 2021 to January 7, 2022 and shall be submitted to kay_orders@hid.uscourts.gov. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
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Filing 191
EP: FURTHER SETTLEMENT CONFERENCE and SETTLEMENT ON THE RECORD held. Mr. ONeill states the key terms on the record. Clarifications on terms were made. All parties agree to the terms.Court finds that the parties have entered into a binding and enforceable settlement agreement.Stipulation for Dismissal shall be submitted to kay_orders@hid.uscourts.gov by December 29, 2021. If more time is needed to submit the Stipulation for Dismissal the parties may contact Magistrate Judge Kenneth J. Mansfield's Courtroom Manager to request an extension prior to the deadline.Trial date and all other hearing dates and deadlines are VACATED. Any and all pending motions are TERMINATED. The attorneys listed above may obtain a copy of this hearing by a written letter request to Magistrate Judge Kenneth J. Mansfield if necessary. Any transcript from this proceeding shall be handled as a sealed document.(KJM Chambers - no record 9:10 - 9:30 / AT&T Service (SEALED) 1:30 - 1:51) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
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Filing 190
EO: Court sets a Telephonic Settlement on the record for 11/29/2021 at 1:30 p.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-877-848-7030Access Code is 2123668 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
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Filing 189
EO: The Monday, November 29, 2021 at 10:30 AM Status Conference scheduled before Judge Alan C. Kay is hereby CANCELED in view of the discussions with Magistrate Judge Mansfield, who will be contacting all Counsel this afternoon. SO ORDERED by (JUDGE ALAN C. KAY)(il)
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Filing 188
EO: The Court attaches its second version of the jury questionnaire for your review. There are a number of additions and revisions, including Question 10 on page 5, Question 26 on page 10, Question 30 on page 11, Question 31 on page 12, Question 33 on page 14, Question 34 on page 14, Question 35 on page 15, and Question 36 on page 15. On pages 12 and 13, the Court feels that attorneys who will not be participating in the trial should be deleted. On page 13, counsel should check to ensure that all proposed witnesses are included in the witness list. Plaintiff Bennett has included several possible alternate unnamed Designated Representatives. The Court questions whether Martin Moreno and Mario Moreno are the same person, and both names are included. Also, the Court has left in Linda Hart, as well as her prior name of Linda Sullo. At the hearing next Monday, we should finalize the jury questionnaire. (Attachments: #1 Second Proposed Jury Questionnaire) SO ORDERED by (JUDGE ALAN C. KAY)(il)
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Filing 187
EO: In accordance with the October 14, 2021 Temporary General Order Regarding District of Hawaii Response to COVID-19 Pandemic, and the Order Authorizing the Use of Telephonic and Video Hearings Pursuant to the CARES Act, the Court finds it appropriate to hold the Status Conference currently scheduled on Monday, November 29, 2021 at 10:30 AM before JUDGE ALAN C. KAY by video conference. The courtroom manager will provide counsel with instructions and information to connect by video prior to the scheduled hearing date in a separate email. All applicable participants must connect to the video conference at least five (5) minutes prior to the scheduled start time of the hearing.The public may listen to this video conference (via audio only) with the information provided below:Dial-in number: 1-650-479-3207Access code: 1605028354SO ORDERED by (JUDGE ALAN C. KAY) (il)
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Filing 186
EP: Video Status Conference held regarding further discussions of the proposed Jury Questionnaire for the upcoming trial date of January 20, 2022.The Court and all Parties are present via video conference.Discussions held.The Court reviewed all the recently submitted amendments and questions for the proposed Jury Questionnaire with all Counsel. The Court will incorporate all the unopposed amendments and additional questions into the Jury Questionnaire as stated on the record this morning.Plaintiff's Counsel is directed to submit their full list of potential witnesses and attorneys for this trial to the Court by tomorrow, Tuesday, November 23, 2021.A second proposed draft of the Jury Questionnaire will be sent to Counsel. A further Status Conference to discuss the proposed Jury Questionnaire is scheduled on Monday, November 29, 2021 at 10:30 AM. (Reporter-Debra Read) (JUDGE ALAN C. KAY)(il)
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Filing 185
EO: In accordance with the October 14, 2021 Temporary General Order Regarding District of Hawaii Response to COVID-19 Pandemic, and the Order Authorizing the Use of Telephonic and Video Hearings Pursuant to the CARES Act, the Court finds it appropriate to hold the Status Conference currently scheduled on Monday, November 22, 2021 at 11:00 AM before JUDGE ALAN C. KAY by video conference. The courtroom manager will provide counsel with instructions and information to connect by video prior to the scheduled hearing date in a separate email. All applicable participants must connect to the video conference at least five (5) minutes prior to the scheduled start time of the hearing.The public may listen to this video conference (via audio only) with the information provided below:Dial-in number: 1-650-479-3207Access code: 1605028354SO ORDERED by (JUDGE ALAN C. KAY) (il)
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Filing 184
EP: Video Status Conference held regarding the proposed Jury Questionnaire for the upcoming trial date of January 20, 2022.The Court and all Parties are present via video conference.Discussions held.The Court reviewed the first proposed Jury Questionnaire with all Counsel. Any additional questions or concerns shall be submitted to the Court by no later than Thursday, November 18, 2021.The Court confirms with Counsel that they do not wish to proceed with a bench trial but would rather proceed with a jury trial.The Parties represent that they expect trial to last a full 12 days: 2 days for jury selection 3 days for Plaintiff 4 days for Defendants 3 days for Third Party Defendant, Esmer TileA further Status Conference to discuss the proposed Jury Questionnaire is scheduled on Monday, November 22, 2021 at 11:00 AM. (Reporter-Ann Matsumoto) (JUDGE ALAN C. KAY)(il)
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Filing 183
EO: In accordance with the October 14, 2021 Temporary General Order Regarding District of Hawaii Response to COVID-19 Pandemic, and the Order Authorizing the Use of Telephonic and Video Hearings Pursuant to the CARES Act, the Court finds it appropriate to hold the Status Conference currently rescheduled to Monday, November 15, 2021 at 11:00 AM before JUDGE ALAN C. KAY by video conference. The courtroom manager will provide counsel with instructions and information to connect by video prior to the scheduled hearing date in a separate email. All applicable participants must connect to the video conference at least five (5) minutes prior to the scheduled start time of the hearing.The public may listen to this video conference (via audio only) with the information provided below:Dial-in number: 1-650-479-3207Access code: 1605028354 SO ORDERED by (JUDGE ALAN C. KAY)(il, )
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Filing 182
EO: Mr. O'Connor has notified the Court that he has a conflict regarding the hearing scheduled for this Friday, so the Court reschedules the hearing to 11 a.m. on Monday, November 15, 2021. In view of the rescheduling of that hearing, the Court also reschedules the hearing currently set for next Friday, November 19, 2021, to 11 a.m. on the following Monday, November 22, 2021. The Court also notifies counsel that the Court's IT Department reported today that its CM/ECF system will undergo a "major upgrade" over the weekend and accordingly the CM/ECF system will be down from noon on Friday, November 12, 2021 until 7 a.m. on Monday, November 15, 2021. SO ORDERED by (JUDGE ALAN C. KAY)(il, )
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Filing 181
EO: In accordance with the October 14, 2021 Temporary General Order Regarding District of Hawaii Response to COVID-19 Pandemic, and the Order Authorizing the Use of Telephonic and Video Hearings Pursuant to the CARES Act, the Court finds it appropriate to hold the Status Conference currently scheduled on Friday, November 12, 2021 at 11:00 AM before JUDGE ALAN C. KAY by video conference. The courtroom manager will provide counsel with instructions and information to connect by video prior to the scheduled hearing date in a separate email. All applicable participants must connect to the video conference at least five (5) minutes prior to the scheduled start time of the hearing.The public may listen to this video conference (via audio only) with the information provided below:Dial-in number: 1-650-479-3207Access code: 1605028354 SO ORDERED by (JUDGE ALAN C. KAY)(il, )
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Filing 180
EO: The Court has set a hearing with counsel by way of Zoom for 11 a.m. this Friday, November 12, 2021. As counsel are aware, the COVID-19 pandemic has resulted in severe limitations to the availability of jury trials as well as uncertainty in scheduling. The Court filed a "Plan for Resumption of Jury Trials in the District of Hawaii" on August 6, 2020. Attached to this Minute Order is a first draft of the proposed jury questionnaire for counsel's review and any proposed additions or corrections. We must finalize the jury questionnaire by December 3, 2021 so that it then may be mailed to the potential jurors. After the hearing this Friday, we will have the next Zoom hearing at 11 a.m. on Friday, November 19, 2021, to discuss any proposed changes to the jury questionnaire. The Court will set further hearings via Zoom during the period of December 27, 2021 to January 6, 2022, to review and discuss regarding juror strikes based on the returned questionnaires. With jury voir dire scheduled to take two days, the trial will start on January 20, 2022. Only two courtrooms are available for jury trials, with one being on the 4th floor and the other being Courtroom 8. It appears that our trial will be scheduled for Courtroom 8. As previously noted in the Court's aforesaid plan, trial will be held only from 8:30 a.m. to 1:30 p.m., with two 20-minute breaks. At the hearing this Friday, the Court will want to know how long each party projects presenting its case will take. The Court notes that the final pretrial conference before Magistrate Judge Mansfield will be held on December 7, 2021, and that the Fourth Amended Scheduling Order requires all motions in limine to be filed by December 14, 2021, with any opposition filed by December 21, 2021. Further, all jury issue submissions shall be filed by December 21, 2021, which includes all of the jury instruction requirements under Local Rule 51.1. In the Courts experience, reaching a finalized special verdict form usually entails numerous detailed relationships between the various questions and involves several drafts at a minimum. The Court's pretrial conference is scheduled to be held at 10 a.m. on January 11, 2022. (Attachments: #1 Proposed Jury Questionnaire) SO ORDERED by (JUDGE ALAN C. KAY)(il, )
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Filing 179
EO: A Final Pretrial Conference before JUDGE ALAN C. KAY is scheduled on Tuesday, January 11, 2022 at 10:00 AM. SO ORDERED by (JUDGE ALAN C. KAY)(il, )
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Filing 178
EP: Settlement Conference held on 10/15/2021. No settlement reached at this time. Further discussions on call. (Video Tele-Conference (VTC) - no record 10:00 - 11:20) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
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Filing 177
ORDER GRANTING IN PART AND DENYING IN PART THIRD-PARTY DEFENDANT AND COUNTERCLAIMANT EMSER TILE, LLC'S MOTION FOR PARTIAL SUMMARY JUDGMENT (ECF NO. 95) - Signed by JUDGE ALAN C. KAY on 9/7/2021.For the foregoing reasons, the Court GRANTS IN PART AND DENIES IN PART Emser's Motion for Partial Summary Judgment, ECF No. 95, as follows:1. Emser's Motion for Partial Summary Judgment with regard to the Owners' breach of express and implied warranties is GRANTED.2. Emser's Motion for Partial Summary Judgment of the Owners' failure to warn claim is DENIED.3. To the extent that the Owners assert a claim under negligent misrepresentation based on the value of damage to the product, that is, to the tile itself, Emser's Motion for Partial Summary Judgment is GRANTED. As to any other claim under the negligent misrepresentation claim, Emser's Motion for Partial Summary Judgment is DENIED.(jni)
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Filing 176
ORDER DENYING PLAINTIFF BEVERLY K. BENNETT'S MOTION FOR RECONSIDERATION OF THE ORDER GRANTING DEFENDANTS AND THIRD-PARTY PLAINTIFFS POIPU RESORT PARTNERS L.P., DIAMOND RESORTS INTERNATIONAL CLUB, AND ASSOCIATION OF APARTMENT OWNERS OF POIPU POINT'S MOTION TO STRIKE EXPERT REPORT FILED ON AUGUST 19, 2021 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 8/27/2021.Based on the foregoing, the Court DENIES Plaintiff Beverly K. Bennett's Motion for Reconsideration of the Order Granting Defendants and Third Party Plaintiffs Poipu Resort Partners, L.P., Diamond Resorts International Club, and Association of Apartment Owners of Poipu Point's Motion to Strike Expert Report Filed on August 19, 2021 (ECF No. 175). (jni)
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Filing 175
MOTION for Reconsideration Harvey M. Demetrakopoulos appearing for Plaintiff Beverly K. Bennett (Attachments: #1 Memorandum In Support of Motion, #2 Certificate of Service)(Demetrakopoulos, Harvey)
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Filing 174
EP: Telephonic Motion Hearing held regarding the Third-Party Defendant's Motion for Partial Summary Judgment (ECF No. 95).The Court and all the Parties are present via telephonic conference.Arguments were heard.The Third-Party Defendant's Motion for Partial Summary Judgment (ECF No. 95) is taken under submission.Court to prepare a written order. (Reporter-Debra Read) (JUDGE ALAN C. KAY)(tl)
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Filing 173
Declaration re #162 Concise Statement in Opposition to Motion,,, . (Attachments: #1 Exhibit K, #2 Certificate of Service)(O'Connor, Dennis)
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Filing 171
ORDER GRANTING DEFENDANTS AND THIRD PARTY PLAINTIFFS POIPU RESORT PARTNERS L.P., DIAMOND RESORTS INTERNATIONAL CLUB, AND ASSOCIATION OF APARTMENT OWNERS OF POIPU POINT'S MOTION TO STRIKE EXPERT REPORT, re #132 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 8/19/2021.Based upon the foregoing, the Court GRANTS Defendants/Third-Party Plaintiffs Poipu Resort Partners, L.P., Diamond Resorts International Club, Inc., and Association of Apartment Owners of Poipu Point's Motion to Strike Expert Report (ECF No. 132). (jni)
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Filing 170
EO: In accordance with the August 3, 2021 Temporary General Order Regarding District of Hawaii Response to COVID-19 Pandemic, and the Order Authorizing the Use of Telephonic and Video Hearings Pursuant to the CARES Act, the Court finds it appropriate to schedule the August 24, 2021 at 11:00 AM Motion Hearing before Judge ALAN C. KAY using the AT&T Connect Audio Conference.For anyone who wishes to participate in this hearing, please follow the participant instructions below:Counsel must connect to the conference at least five (5) minutes before the scheduled start time of the hearing so that the Courtroom Manager can take attendance.PARTICIPANT INSTRUCTIONS: 1. Dial 1-888-684-8852 2. Enter your Access Code (9657219) when prompted followed by the pound (#) sign. 3. Message will say "To join the conference as the host press star (*) otherwise press pound (#)." 4. Press pound (#). Message will say "The host has not yet arrived, please standby. 5. When the Host joins, you will then be connected to the Conference.SO ORDERED by (JUDGE ALAN C. KAY)(il, )
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Filing 169
FOURTH AMENDED RULE SCHEDULING ORDER. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on August 13, 2021. (bbb)
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Filing 168
EO: TELEPHONIC STATUS CONFERENCE held. Discussion held regarding new trial.New dates are given as follows: Jury Selection/Trial is set for 01/19/2022 at 9:00 a.m. in Aha Kaulike before JUDGE ALAN C. KAY. Telephonic Final Pretrial Conference is set for 12/07/2021 at 9:45 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Settlement Conference is set for 10/15/2021 at 10:00 a.m. by Video Tele-Conference (VTC) before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Dispositive Motions Deadline CLOSED. Discovery Deadline CLOSED.Court to issue a Fourth Amended Rule 16 Scheduling Order.The Courtroom Manager will be sending out a separate email providing counsel detailed instructions regarding Settlement Conferences Video Tele-Conference (VTC) access prior to the conference date.Until further notice, all other hearings before Magistrate Judge Kenneth J. Mansfield, parties are to participate via telephone through our AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-877-848-7030Access Code is 2123668 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
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Filing 167
EO: Due to a conflict in the Court's schedule, the Telephonic Status Conference previously set for 9:30 a.m. IS ADVANCED TO 9:00 a.m. on the same date of 08/12/2021 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Until further notice, for all hearings before Magistrate Judge Kenneth J. Mansfield, parties are to participate via telephone through our AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-877-848-7030Access Code is 2123668 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
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ADVISORY ENTRY-No Identification of Person Filing Document- Please be advised that Document #166 Certificate of Counsel, does not include information that identifies the filer. The name, Hawaii bar identification number, address, telephone number, and email address of counsel (or, if pro se, of the party), and the specific identification of each party represented by name and interest in the litigation (e.g., plaintiff, defendant, etc.) shall appear in the upper left corner of the first page of each document presented for filing. See L.R. 10.2 No further action is necessary. (jni)
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Filing 166
CERTIFICATE of Counsel re #165 Reply . (O'Neill, Ralph)
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Filing 165
REPLY re #95 MOTION for Partial Summary Judgment filed by Emser Tile. (Attachments: #1 Declaration of Counsel, #2 Exhibit FF, #3 Exhibit GG, #4 Exhibit HH, #5 Certificate of Service)(O'Neill, Ralph)
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Filing 164
REPLY to Response to Motion re #132 MOTION to Strike Expert Report filed by Association of Apartment Owners of Poipu Point, Association of Apartment Owners of Poipu Point, Diamond Resorts International Club, Inc., Diamond Resorts International Club, Inc., Poipu Resort Partners, L.P., Poipu Resort, Partners, L.P.. (Attachments: #1 Certificate of Service)(O'Connor, Dennis)
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Filing 163
CERTIFICATE of Counsel re #161 Response in Opposition to Motion, #162 Concise Statement in Opposition to Motion,,, (Certificate of Word Count). (O'Connor, Dennis)
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ADVISORY ENTRY: Please be advised that Judge Kay will be requiring 2 courtesy copies of all filings regarding and related to the MOTION for Partial Summary Judgment #95 as per the Court's Local Rules LR7.7, LR7.8, and LR 7.9 regarding courtesy copies. (il, )
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Filing 162
CONCISE STATEMENT in Opposition re #95 MOTION for Partial Summary Judgment filed by Association of Apartment Owners of Poipu Point, Association of Apartment Owners of Poipu Point, Diamond Resorts International Club, Inc., Diamond Resorts International Club, Inc., Poipu Resort Partners, L.P., Poipu Resort, Partners, L.P.. (Attachments: #1 Declaration of Dennis E.W. O'Connor Jr., #2 Declaration of James Carlson, #3 Declaration of Bernard Maddox, P.E., #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Certificate of Service)(O'Connor, Dennis)
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Filing 161
RESPONSE in Opposition re #95 MOTION for Partial Summary Judgment and Certificate of Word Count filed by Association of Apartment Owners of Poipu Point, Association of Apartment Owners of Poipu Point, Diamond Resorts International Club, Inc., Diamond Resorts International Club, Inc., Poipu Resort Partners, L.P., Poipu Resort, Partners, L.P.. (Attachments: #1 Certificate of Service)(O'Connor, Dennis)
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Filing 160
STATEMENT of No Position filed by Beverly K. Bennett. (Attachments: #1 Certificate of Service)(Demetrakopoulos, Harvey)
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Filing 159
MEMORANDUM in Opposition filed by Beverly K. Bennett. (Attachments: #1 Certificate of Service)(Demetrakopoulos, Harvey)
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Filing 158
EO: Pursuant to the parties' request, the Court sets a status conference for 08/12/2021, at 9:30 a.m., before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Parties are to participate via telephone through the court's AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing. Dial in number is 1-877-848-7030Access Code is 2123668 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(mansfield1)
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Filing 157
Letter to Magistrate Judge Kenneth J. Mansfield from Ralph J. O'Neill, Esq., dated July 27, 2021, Re: Pretrial Deadlines. (jni)
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Filing 156
EO: In light of the #155 Entering Order continuing the Jury Selection/Trial to Follow to 01/19/2022, the Court VACATES the Final Pretrial Conference set for July 28, 2021 and shall be reset based on the new trial date. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
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Filing 155
EO: In view of the Motion for Partial Summary Judgment filed by Third-Party Defendant and Counterclaimant Emser Tile LLC (ECF No. #95 ) set for hearing on August 24, 2021, and the trial shortly thereafter currently scheduled for September 8, 2021, the Court continues the trial to January 19, 2022. SO ORDERED by (JUDGE ALAN C. KAY)(il, )
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Filing 154
Pretrial Conference Statement by Emser Tile . (Attachments: #1 Exhibit A, #2 Certificate of Service)(O'Neill, Ralph)
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Filing 153
Pretrial Conference Statement by Association of Apartment Owners of Poipu Point, Association of Apartment Owners of Poipu Point, Diamond Resorts International Club, Inc., Diamond Resorts International Club, Inc., Poipu Resort Partners, L.P., Poipu Resort, Partners, L.P. . (Attachments: #1 Certificate of Service)(O'Connor, Dennis)
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Filing 152
CERTIFICATE OF SERVICE by Beverly K. Bennett (Demetrakopoulos, Harvey)
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Filing 151
Pretrial Conference Statement by Beverly K. Bennett . (Attachments: #1 Certificate of Service)(Demetrakopoulos, Harvey)
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Filing 150
EO: Based on the #149 Notice of Withdrawal of Motion, the #141 MOTION for Protective Order is TERMINATED and the hearing is VACATED. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
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Filing 149
NOTICE of Withdrawal of Motion by Dennis E.W. O'Connor, Jr on behalf of Association of Apartment Owners of Poipu Point, Association of Apartment Owners of Poipu Point, Diamond Resorts International Club, Inc., Diamond Resorts International Club, Inc., Poipu Resort Partners, L.P., Poipu Resort, Partners, L.P.. (Attachments: #1 Certificate of Service)(O'Connor, Dennis)
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Filing 148
ORDER DENYING THIRD-PARTY DEFENDANT AND COUNTERCLAIMANT EMSER TILE, LLC'S MOTION TO BIFURCATE - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 7/19/2021.Based upon the foregoing, the Court DENIES Third-Party Defendant and Counterclaimant Emser Tile, LLC's Motion to Bifurcate (ECF No. 117).(jni)
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Filing 147
STATEMENT of No Position to Defendants and Third Party Plaintiffs Poipu Resort Partners L.P., Diamond Resorts International Club and Association of Apartment Owners of Poipu Points Motion For Protective Order, filed July 2, 2021 filed by Emser Tile. (Attachments: #1 Certificate of Service)(O'Neill, Ralph)
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Filing 146
MEMORANDUM in Opposition filed by Beverly K. Bennett. (Attachments: #1 Certificate of Service)(Demetrakopoulos, Harvey)
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Filing 145
CERTIFICATE OF SERVICE by Emser Tile [Re: Third-Party Defendant and Counterclaimant Emser Tile, LLC's Second Supplemental Initial Disclosures] (Hemme, Matthew)
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Filing 144
EO: The hearing on #141 Defendants and Third-Party Plaintiffs Poipu Resort Partners L.P., Diamond Resorts International Club, and Association of Apartment Owners of Poipu Point's (collectively, "Defendants") Motion for Protective Order is set for 7/22/2021, at 09:00 a.m., before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Oppositions are due by 07/15/2021. Defendants may file a reply by 07/19/2021.Until further notice, for all hearings before Magistrate Judge Kenneth J. Mansfield, parties are to participate via telephone through our AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-877-848-7030Access Code is 2123668 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(mansfield2)
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Filing 143
EP: #117 THIRD PARTY DEFENDANT AND COUNTER CLAIMANT EMSER TILE, LLC'S MOTION TO BIFURCATE held. Arguments heard. #117 Motion is taken under advisement. Court to issue an Order. (AT&T Service / 8:59 - 9:23) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
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Filing 142
REPLY re #117 MOTION to Bifurcate filed by Emser Tile. (Attachments: #1 Certificate of Service)(Hemme, Matthew)
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Filing 141
MOTION for Protective Order Dennis E.W. O'Connor, Jr appearing for Third Party Plaintiffs Association of Apartment Owners of Poipu Point, Diamond Resorts International Club, Inc., Poipu Resort Partners, L.P., Defendants Association of Apartment Owners of Poipu Point, Diamond Resorts International Club, Inc., Poipu Resort, Partners, L.P. (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Dennis E.W. O'Connor Jr., #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Certificate of Service)(O'Connor, Dennis)
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Filing 140
CERTIFICATE OF SERVICE by Beverly K. Bennett (Demetrakopoulos, Harvey)
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Filing 139
CERTIFICATE OF SERVICE by Association of Apartment Owners of Poipu Point, Association of Apartment Owners of Poipu Point, Diamond Resorts International Club, Inc., Diamond Resorts International Club, Inc., Poipu Resort Partners, L.P., Poipu Resort, Partners, L.P. (re: (1) Second Amended Notice of Taking Rule 30(b)(6) Deposition Upon Oral Examination (Emser Tile) and (2) Third Amended Notice of Taking Deposition Upon Oral Examination [Scott D. Moore]) (O'Connor, Dennis)
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Filing 138
EO: The hearing on #132 Defendants and Third-Party Plaintiffs Poipu Resort Partners, L.P., Diamond Resorts International Club, Inc., and Association of Apartment Owners of Poipu Point's Motion to Strike Expert Report is set for 08/18/2021, at 10:00 a.m., before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Briefing shall in be in accordance with Local Rule 7.2. Until further notice, for all hearings before Magistrate Judge Kenneth J. Mansfield, parties are to participate via telephone through our AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-877-848-7030Access Code is 2123668 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(mansfield2)
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Filing 137
Return of Service on Subpoena 30(b)(6) designated representative for Salem Health Hospitals and Clinics was served on 06/16/2021 (Demetrakopoulos, Harvey)
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Filing 136
CERTIFICATE OF SERVICE by Association of Apartment Owners of Poipu Point, Association of Apartment Owners of Poipu Point, Diamond Resorts International Club, Inc., Diamond Resorts International Club, Inc., Poipu Resort Partners, L.P., Poipu Resort, Partners, L.P. (re: Second Amended Notice of Taking Deposition Upon Oral Examination [Donato V. Pompo] (O'Connor, Dennis)
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Filing 135
CERTIFICATE OF SERVICE by Beverly K. Bennett (Demetrakopoulos, Harvey)
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Filing 134
CERTIFICATE OF SERVICE by Association of Apartment Owners of Poipu Point, Association of Apartment Owners of Poipu Point, Diamond Resorts International Club, Inc., Diamond Resorts International Club, Inc., Poipu Resort Partners, L.P., Poipu Resort, Partners, L.P. (re: (1) First Amended Notice of Taking Rule 30(b)(6) Deposition Upon Oral Examination [Emser Tile]; (2) Second Amended Notice of Taking Deposition Upon Oral Examination [Scott D. Moore]; and (3) First Amended Notice of Taking Deposition Upon Oral Examination [Linda Sullo] (O'Connor, Dennis)
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Filing 133
MEMORANDUM in Opposition re #117 MOTION to Bifurcate filed by Association of Apartment Owners of Poipu Point, Association of Apartment Owners of Poipu Point, Diamond Resorts International Club, Inc., Diamond Resorts International Club, Inc., Poipu Resort Partners, L.P., Poipu Resort, Partners, L.P.. (Attachments: #1 Declaration of Dennis E.W. O'Connor Jr., #2 Exhibit A, #3 Exhibit B, #4 Certificate of Service)(O'Connor, Dennis)
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Filing 132
MOTION to Strike Expert Report Dennis E.W. O'Connor, Jr appearing for Third Party Plaintiffs Association of Apartment Owners of Poipu Point, Diamond Resorts International Club, Inc., Poipu Resort Partners, L.P., Defendants Association of Apartment Owners of Poipu Point, Diamond Resorts International Club, Inc., Poipu Resort, Partners, L.P. (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Dennis E.W. O'Connor Jr., #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Certificate of Service)(O'Connor, Dennis)
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Filing 131
CERTIFICATE OF SERVICE by Emser Tile Defendant Emser Tile, LLCs First Amended Notice of Taking Deposition Upon Oral Examination [Deponent: James Carlson, Mark Guy] (Hemme, Matthew)
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Filing 130
Return of Service on Subpoena Scott D. Moore was served on June 25, 2021 (Attachments: #1 Return of Service, #2 Certificate of Service)(O'Connor, Dennis)
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Filing 129
MEMORANDUM in Opposition filed by Beverly K. Bennett. (Attachments: #1 Certificate of Service)(Demetrakopoulos, Harvey)
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Filing 128
EP: SETTLEMENT CONFERENCE held on 06/23/2021. The Court met with the parties. Settlement discussions held. No settlement reached at this time. The parties are at an impasse. Any party may contact the magistrate judge directly if it would like to materially change its settlement position. (Video Tele-Conference (VTC) - no record 10:00 - 11:25) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
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Filing 127
CERTIFICATE OF SERVICE by Emser Tile (Re: Defendant Emser Tile, LLCs First Amended Notice of Taking Deposition Upon Oral Examination [Deponent: Levi Dixon, M.S., CXLT, ASP, AHFP]) (Hemme, Matthew)
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Filing 126
CERTIFICATE OF SERVICE by Emser Tile (Defendant Emser Tile, LLCs First Amended Notice of Taking Deposition Upon Oral Examination [Deponents: Karen Moser and Jamie Shigeta]) (Hemme, Matthew)
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Filing 125
EO: The hearing on #117 Third-Party Defendant and Counterclaimant Emser Tile, LLC's ("Emser Tile") Motion to Bifurcate is set for 07/06/2021, at 9:00 a.m., before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Oppositions are due by 06/25/2021. Emser Tile may file a reply by 07/02/2021. The parties must submit chambers copies of all documents related to the Motion to Bifurcate in accordance with the Local Rules.Until further notice, for all hearings before Magistrate Judge Kenneth J. Mansfield, parties are to participate via telephone through our AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-877-848-7030Access Code is 2123668(MAGISTRATE JUDGE KENNETH J. MANSFIELD)(mansfield2)
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Filing 124
CERTIFICATE OF SERVICE by Beverly K. Bennett (Demetrakopoulos, Harvey)
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Filing 123
CERTIFICATE OF SERVICE by Emser Tile (Defendant Emser Tile, LLCs Notice of Taking Deposition Upon Oral Examination [Deponents: Authorized Representatives of Poipu Resort Partners L.P., Diamond Resorts International Club, and Association of Apartment Owners of Poipu Point, Rule 30(b)(6) Designee]) (Hemme, Matthew)
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Filing 122
CERTIFICATE OF SERVICE by Association of Apartment Owners of Poipu Point, Association of Apartment Owners of Poipu Point, Diamond Resorts International Club, Inc., Diamond Resorts International Club, Inc., Poipu Resort Partners, L.P., Poipu Resort, Partners, L.P. (Diamond Resorts Intl Club's and Poipu Resort Partners' Answers to Emser Tile's First Request for Answers to Interrogatories (O'Connor, Dennis)
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Filing 121
CERTIFICATE OF SERVICE by Association of Apartment Owners of Poipu Point, Association of Apartment Owners of Poipu Point, Diamond Resorts International Club, Inc., Diamond Resorts International Club, Inc., Poipu Resort Partners, L.P., Poipu Resort, Partners, L.P. (re: Notice of Taking Rule 30(b)(6) Deposition Upon Oral Examination (Emser Tile, LLC) (O'Connor, Dennis)
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Filing 120
Amended Declaration re #117 MOTION to Bifurcate . (Hemme, Matthew)
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Filing 119
CERTIFICATE OF SERVICE by Beverly K. Bennett (Demetrakopoulos, Harvey)
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ADVISORY ENTRY-No Signature-Please be advised that Document [117-2] Declaration of Counsel re: MOTION to Bifurcate, is not signed. The filing party may refer to Section 7.1 CM/ECF User's Signature, of the CM/ECF Procedures Guide, which states "The name of the CM/ECF user under whose login and password the document is being electronically filed must be preceded by "/s/" and typed in the space where the signature otherwise would appear (e.g. /s/John or Jane Lawyer)". Please file an Amended Declaration with the completed signature and link to the original document. (jni)
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Filing 118
CERTIFICATE OF SERVICE by Emser Tile Defendant Emser Tile, LLCs First Amended Notice of Taking Deposition Upon Oral Examination [Deponent: Bernard Maddox, P.E.] (Hemme, Matthew)
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Filing 117
MOTION to Bifurcate Matthew A. Hemme appearing for ThirdParty Defendant Emser Tile (Attachments: #1 Memorandum, #2 Declaration of Counsel, #3 Exhibit A, #4 Exhibit B, #5 Certificate of Service)(Hemme, Matthew)
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Filing 116
CERTIFICATE OF SERVICE by Beverly K. Bennett (Demetrakopoulos, Harvey)
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Filing 115
CERTIFICATE OF SERVICE by Emser Tile [Re: (1) Defendant Emser Tile, LLCs Notice of Taking Deposition Upon Oral Examination (Deponent: Mario Moreno); (2) Defendant Emser Tile, LLCs Notice of Taking Deposition Upon Oral Examination (Deponent: David Ablas); and (3) Defendant Emser Tile, LLCs Notice of Taking Deposition Upon Oral Examination (Deponent: Deogracias Haohao)] (Hemme, Matthew)
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Filing 114
CERTIFICATE OF SERVICE by Association of Apartment Owners of Poipu Point, Association of Apartment Owners of Poipu Point, Diamond Resorts International Club, Inc., Diamond Resorts International Club, Inc., Poipu Resort Partners, L.P., Poipu Resort, Partners, L.P. (re: Notice of Taking Depositions Upon Oral Examination (Donato V. Pompo, Scott D. Moore; Notice of Taking Depositions Upon Oral Examination (Dave Johnson, Paul Mokowski); Notice of Taking Deposition Upon Oral Examination (Linda Sullo)) (O'Connor, Dennis)
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Filing 113
EO: At counsel Ralph J. O'Neill's request, the Settlement Conference TIME IS ADVANCED FROM 1:30 p.m. TO 10:00 a.m. on the same date of 06/23/2021 by Video Conference (VTC) before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Confidential settlement conference statements are due by 06/16/2021.The Courtroom Manager will be sending out a separate email providing counsel detailed instructions regarding Settlement Conferences Video Tele-Conference (VTC) access prior to the conference date. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
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Filing 112
Letter requesting to advance the settlement conference time from Ralph J. O'Neill dated June 1, 2021. (bbb)
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Filing 111
Return of Service on Subpoena Kauai Fire Department was served on 6/1/21 (Hemme, Matthew)
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Filing 110
Return of Service on Subpoena State of Hawaii, Dept of Health, Emergency Medical Services and Injury Prevention System was served on 5/27/21 (Hemme, Matthew)
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Filing 109
CERTIFICATE OF SERVICE by Emser Tile [Re: Notice of Taking Deposition Upon Oral Examination: K. Moser, J. Shigeta, L. Dixon, B. Maddox, J. Carlson, M. Guy] (Hemme, Matthew)
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Filing 108
CERTIFICATE OF SERVICE by Association of Apartment Owners of Poipu Point, Association of Apartment Owners of Poipu Point, Diamond Resorts International Club, Inc., Diamond Resorts International Club, Inc., Poipu Resort Partners, L.P., Poipu Resort, Partners, L.P. (re: Notice of Taking Depositions Upon Oral Examination [Donato V. Pompo and Scott D. Moore]) (O'Connor, Dennis)
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Filing 107
CERTIFICATE OF SERVICE by Emser Tile [Re: (1) Defendant Emser Tile, LLCs Notice of Taking Deposition Upon Written Questions, Deponent: Custodian of Records for State of Hawaii Department of Health Emergency Medical Services & Injury Prevention System and (2) Defendant Emser Tile, LLCs Notice of Taking Deposition Upon Written Questions, Deponent: Custodian of Records for Kauai Fire Department] (Hemme, Matthew)
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Filing 106
CERTIFICATE OF SERVICE by Emser Tile [Re: Third-Party Defendant/Counterclaimant Emser Tile, LLC's Offer of Judgment] (Hemme, Matthew)
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Filing 105
CERTIFICATE OF SERVICE by Association of Apartment Owners of Poipu Point, Association of Apartment Owners of Poipu Point, Diamond Resorts International Club, Inc., Diamond Resorts International Club, Inc., Poipu Resort Partners, L.P., Poipu Resort, Partners, L.P. (re: Defendants/Third-Party Plaintiffs' Response to Third-Party Defendant Emser Tile's First Request for Production of Documents and Things dated 4/30/21) (O'Connor, Dennis)
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Filing 104
CERTIFICATE OF SERVICE by Association of Apartment Owners of Poipu Point, Association of Apartment Owners of Poipu Point, Diamond Resorts International Club, Inc., Diamond Resorts International Club, Inc., Poipu Resort Partners, L.P., Poipu Resort, Partners, L.P. (re: Supplemental Disclosures AND AOAO's Response to Emser's First Request for Answers to Interrogatories) (O'Connor, Dennis)
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Filing 103
CERTIFICATE OF SERVICE by Emser Tile [Third-Party Defendant and Counterclaimant Emser Tile, LLCs First Supplemental Initial Disclosures] (Hemme, Matthew)
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Filing 102
CERTIFICATE OF SERVICE by Association of Apartment Owners of Poipu Point, Association of Apartment Owners of Poipu Point, Diamond Resorts International Club, Inc., Diamond Resorts International Club, Inc., Poipu Resort Partners, L.P., Poipu Resort, Partners, L.P. (re: Disclosure of Rebuttal Expert Witnesses) (O'Connor, Dennis)
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Filing 101
CERTIFICATE OF SERVICE by Emser Tile (Hemme, Matthew)
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Filing 100
EO: Due to a conflict in counsel Dennis E.W. O'Connor, Jr.'s schedule with agreement by opposing counsel, the Settlement Conference previously set for 06/10/2021 IS CONTINUED TO 06/23/2021 at 1:30 p.m. by Video Tele-Conference (VTC) before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Settlement conference statements are due by 06//16/2021.The Courtroom Manager will be sending out a separate email providing counsel detailed instructions regarding Settlement Conferences Video Tele-Conference (VTC) access prior to the conference date. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
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Filing 99
NOTICE of Hearing on Motion #95 MOTION for Partial Summary Judgment :This Motion Hearing is scheduled on Tuesday, August 24, 2021 at 11:00 AM before JUDGE ALAN C. KAY. (il, )
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ADVISORY ENTRY: Please be advised that Judge Kay will be requiring 2 courtesy copies of all motion filings related to (ECF No. #95 ) Motion for Partial Summary Judgment as per the Court's Local Rules LR7.7, LR7.8, and LR 7.9 regarding courtesy copies.In light of the COVID situation, the Parties may submit these courtesy copies via the overnight drop box located outside of the courthouse. (il, )
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Filing 98
CERTIFICATE OF SERVICE by Association of Apartment Owners of Poipu Point, Association of Apartment Owners of Poipu Point, Diamond Resorts International Club, Inc., Diamond Resorts International Club, Inc., Poipu Resort Partners, L.P., Poipu Resort, Partners, L.P. (re: Defendants/Third-Party Plaintiffs' Disclosure of Expert Witnesses) (O'Connor, Dennis)
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Filing 97
CERTIFICATE OF SERVICE by Emser Tile [Re: Third-Party Defendant and Counterclaimant Emser Tile, LLCs Expert Witness Disclosures] (Hemme, Matthew)
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Filing 96
CONCISE STATEMENT in Support re #95 MOTION for Partial Summary Judgment filed by Emser Tile. (Attachments: #1 Declaration Declaration of Counsel, #2 Exhibit Exhibit AA, #3 Exhibit Exhibit BB, #4 Exhibit Exhibit CC, #5 Exhibit Exhibit DD, #6 Exhibit Exhibit EE, #7 Declaration Declaration of Paul Makovski, #8 Exhibit Exhibit 1, #9 Exhibit Exhibit 2, #10 Exhibit Exhibit 3, #11 Exhibit Exhibit 4, #12 Exhibit Exhibit 5, #13 Declaration Declaration of David Johnson, #14 Exhibit Exhibit A, #15 Exhibit Exhibit B, #16 Exhibit Exhibit C, #17 Exhibit Exhibit D, #18 Exhibit Exhibit E, #19 Exhibit Exhibit F, #20 Exhibit Exhibit G, #21 Exhibit Exhibit H, #22 Exhibit Exhibit I, #23 Exhibit Exhibit J, #24 Exhibit Exhibit K, #25 Exhibit Exhibit L, #26 Exhibit Exhibit M, #27 Exhibit Exhibit N, #28 Exhibit Exhibit O, #29 Exhibit Exhibit P, #30 Exhibit Exhibit Q, #31 Exhibit Exhibit R, #32 Exhibit Exhibit S, #33 Exhibit Exhibit T, #34 Exhibit Exhibit U, #35 Exhibit Exhibit V, #36 Certificate of Service Certificate of Service)(Hemme, Matthew)
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Filing 95
MOTION for Partial Summary Judgment Ralph J. O'Neill appearing for ThirdParty Defendant Emser Tile (Attachments: #1 Memorandum, #2 Certificate of Service)(O'Neill, Ralph)
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Filing 94
NOTICE of Appearance by Matthew A. Hemme on behalf of Emser Tile on behalf of Emser Tile. (Hemme, Matthew)
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Filing 93
CERTIFICATE OF SERVICE by Emser Tile [Re: Defendant Emser Tile, LLCs Notice of Taking Deposition Upon Written Questions, Deponent: Custodian of Records for Building Envelope Technology & Research, Inc.] (Hemme, Matthew)
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Filing 92
CERTIFICATE OF SERVICE by Emser Tile [Re: Notice of Taking Deposition Upon Written Questions, Deponent COR B. Maddox, Talbott Associates, Inc.] (Hemme, Matthew)
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Filing 91
CERTIFICATE OF SERVICE by Emser Tile [Re: Notice of Taking Deposition Upon Written Questions, Deponent COR L. Dixon, Applied Cognitive Sciences, Inc.] (Hemme, Matthew)
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Filing 90
EO: In light of Mr. O'Neill's #89 Letter withdrawing the pending expedited LR 37.1, the Discovery Hearingset for 03/12/2021 is VACATED. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
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Filing 89
Letter from Ralph J. O'Neill withdrawing the pending expedited LR 37.1 hearing. (bbb)
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Filing 88
EP: Status Conference held on 03/09/2021. ONLY as to Deft and 3rd pty:Letter briefs are due by 2:00 pm on March 11, 2021. Discovery Hearing is set for 03/12/2021 at 12:00 p.m. via telephone before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Until further notice, all other hearings before Magistrate Judge Kenneth J. Mansfield, parties are to participate via telephone through our AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-877-848-7030Access Code is 2123668(AT&T Service / 1:30 - 2:08) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
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Filing 87
EO: Pursuant to the parties' #86 letter request, a Status Conference is set for 03/09/2021 at 1:30 p.m. via telephone before MAGISTRATE JUDGE KENNETH J. MANSFIELD.Until further notice, for all hearings before Magistrate Judge Kenneth J. Mansfield, parties are to participate via telephone through our AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-877-848-7030Access Code is 2123668(MAGISTRATE JUDGE KENNETH J. MANSFIELD)(mansfield2)
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Filing 86
LETTER to Magistrate Judge Kenneth J. Mansfield from Ralph J. O'Neill, Esq., dated March 8, 2021, Re: Status Conference to Discuss Deadlines. (jni)
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Filing 85
CERTIFICATE OF SERVICE by Emser Tile (Re: Third-Party Defendant/Counterclaimant Emser Tile, LLC's Initial Disclosures) (Hemme, Matthew)
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Filing 84
CERTIFICATE OF SERVICE by Association of Apartment Owners of Poipu Point, Association of Apartment Owners of Poipu Point, Diamond Resorts International Club, Inc., Diamond Resorts International Club, Inc., Poipu Resort Partners, L.P., Poipu Resort, Partners, L.P. (re: Disclosure of Expert Witnesses) (O'Connor, Dennis)
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Filing 83
CERTIFICATE OF SERVICE by Emser Tile First Amended Certificate of Service [Re: (1) Third-Party Defendant and Counterclaimant Emser Tile, LLCs Responses to Defendants and Third-Party Plaintiffs Poipu Resort Partners, L.P., Diamond Resorts International Club, and Association of Apartment Owners of Poipu Points First Request for Answers to Interrogatories to Third-Party Defendant Emser Tile, LLC and (2) Third-Party Defendant Emser Tile, LLCs Responses to Defendants and Third-Party Plaintiffs Poipu Resort Partners, L.P., Diamond Resorts International Club, and Association of Apartment Owners of Poipu Points First Request for Production of Documents to Third-Party Defendant Emser Tile, LLC] (Hemme, Matthew)
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Filing 82
CERTIFICATE OF SERVICE by Emser Tile Re: (1) Third-Party Defendant Emser Tile, LLCs Response to Plaintiffs First Request for Answers to Interrogatories to Third-Party Defendant Emser Tile, LLC and (2) Third-Party Defendant Emser Tile, LLCs Response to Plaintiffs First Request for Production of Documents to Third-Party Defendant Emser Tile, LLC (Hemme, Matthew)
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Filing 81
ANSWER to #78 Answer to Amended Complaint,, Counterclaim, by Association of Apartment Owners of Poipu Point, Association of Apartment Owners of Poipu Point, Diamond Resorts International Club, Inc., Diamond Resorts International Club, Inc., Poipu Resort Partners, L.P., Poipu Resort, Partners, L.P.. (Attachments: #1 Certificate of Service)(O'Connor, Dennis)
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Filing 80
Errata re #78 Answer to Amended Complaint,, Counterclaim, Exhibit A. (Attachments: #1 Exhibit A)(Hemme, Matthew)
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Filing 79
CERTIFICATE OF SERVICE by Beverly K. Bennett (Demetrakopoulos, Harvey)
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Filing 78
Third-Party Defendant Emser Tile LLC ANSWER to #69 Amended Complaint,, , COUNTERCLAIM against Association of Apartment Owners of Poipu Point, Association of Apartment Owners of Poipu Point, Diamond Resorts International Club, Inc., Diamond Resorts International Club, Inc., Poipu Resort Partners, L.P., Poipu Resort, Partners, L.P. by Emser Tile. (Attachments: #1 Certificate of Service)(O'Neill, Ralph)
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Filing 77
EO: In light of the #76 Notice of Withdrawal of #56 Motion for Leave to File Amended Answer to Assert Counterclaim the hearing set for 01/20/2021 is hereby VACATED. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
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Filing 76
NOTICE of Withdrawal of Motion by Ralph J. O'Neill on behalf of Emser Tile. (Attachments: #1 Certificate of Service)(O'Neill, Ralph)
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Filing 75
(Corrected) THIRD AMENDED RULE 16 SCHEDULING ORDER. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on January 11, 2021. (bbb)
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Filing 74
AMENDED EO: In light of the #70 Stipulation and Order to Amend Second Amended Rule 16 Scheduling Order, new dates are given as follows: Jury Selection/Trial is set for 09/08/2021 at 9:00 a.m. in Aha Kaulike before JUDGE ALAN C. KAY. Final Pretrial Conference is set for 07/28/2021 at 9:45 a.m. via telephone before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Settlement Conference is set for 06/10/2021 at 10:00 a.m. by Video Tele-Conference (VTC) before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Dispositive Motions filed by 04/08/2021. Discovery due by 07/09/2021.Court to issue a Third Amended Rule 16 Scheduling Order. Hard copies of any settlement conference statements need not be delivered to the Clerk's Office. Instead, parties are to submit their confidential settlement statements via email to mansfield_orders@hid.uscourts.gov.The Court will be sending out a separate email providing counsel detailed instructions regarding Settlement Conferences Video Tele-Conference (VTC) access prior to the conference date.Until further notice, all other hearings before Magistrate Judge Kenneth J. Mansfield, parties are to participate via telephone through our AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-877-848-7030Access Code is 2123668(MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
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Filing 73
THIRD AMENDED RULE 16 SCHEDULING ORDER. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on January 11, 2021. (bbb)
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Filing 72
EO: In light of the #70 Stipulation and Order to Amend Second Amended Rule 16 Scheduling Order, new dates are given as follows: Jury Selection/Trial is set for 09/08/2021 at 9:00 a.m. in Aha Kaulike before JUDGE ALAN C. KAY. Final Pretrial Conference is set for 07/28/2021 at 9:45 a.m. via telephone before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Settlement Conference is set for 06/10/2021 at 10:00 a.m. by Video Tele-Conference (VTC) before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Dispositive Motions filed by 04/08/2021. Discovery due by 07/09/2021.Court to issue a Third Amended Rule 16 Scheduling Order. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) Modified on 1/12/2021 - updating see entry #74 (bbb).
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Filing 71
AMENDED ANSWER to Third-Party Plaintiffs Poipu Resort Partners, L.P., Diamond Resorts International Club and, Association of Apartment Owners of Poipu Point's Third-Party Complaint, Filed on September 26, 2019 , COUNTERCLAIM against Association of Apartment Owners of Poipu Point, Association of Apartment Owners of Poipu Point, Diamond Resorts International Club, Inc., Diamond Resorts International Club, Inc., Poipu Resort Partners, L.P., Poipu Resort, Partners, L.P. by Emser Tile. (Attachments: #1 Exhibit A, #2 Certificate of Service)(O'Neill, Ralph)
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Filing 70
STIPULATION AND ORDER TO AMEND SECOND AMENDED RULE 16 SCHEDULING ORDER (ECF DOC. #55) - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 1/6/2021.JURY trial in this matter will commence before the Honorable Alan C. Kay, Senior United States District Judge on September 8, 2021, at 9:00 a.m.A final pretrial conference shall be held on July 28, 2021, at TBD before the Honorable Kenneth J. Mansfield, United States Magistrate Judge.(jni)
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Filing 69
AMENDED COMPLAINT Defendants/Third-Party Plaintiffs' First Amended Third-Party Complaint against Emser Tile, Jane Does 1-10, John Does 1-10, Roe Business Entities 1-10, Roe Corporations 1-10, filed by Diamond Resorts International Club, Inc., Diamond Resorts International Club, Inc., Poipu Resort, Partners, L.P., Association of Apartment Owners of Poipu Point, Association of Apartment Owners of Poipu Point, Poipu Resort Partners LP.. (Attachments: #1 Exhibit A, #2 Certificate of Service)(O'Connor, Dennis) Docket Text Modified on 1/6/2021. (jni)
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Filing 68
STIPULATION BY ALL PARTIES FOR AN ORDER TO AMEND PLEADINGS TO FILE FIRST AMENDED THIRD-PARTY COMPLAINT AND FIRST AMENDED ANSWER WITH COUNTERCLAIM AND ORDER - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 1/6/2021. (Attachments: #1 Exhibit "A", #2 Exhibit "B")IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff BEVERLY K. BENNETT, Defendants and Third Party Plaintiffs POIPU RESORT PARTNERS LP, DIAMOND RESORTS INTERNATIONAL CLUB, ASSOCIATION OF APARTMENT OWNERS OF POIPU POINT ("Defendants and Third Party Plaintiffs") and Third Party Defendant EMSER TILE ("EMSER"), by and through their respective counsel undersigned, that pursuant to Rule 15(a) ofthe Federal Rules of Civil Procedure, that:1. Defendants and Third-Party Plaintiffs may amend their Third Party Complaint filed in this action (Doc. 30) by amending certain allegations and adding claims for relief as set forth in the form of First Amended Third-Party Complaint attached hereto as Exhibit "A." Filing and service of said First Amended Third-Party Complaint shall take place after this stipulation has been entered as an order.2. Third-Party Defendant EMSER may amend its Answer to Counterclaim (Doc. 37) in this action by adding a claim for relief as set forth in the form of Amended Answer to Third Party Complaint and Counterclaim attached hereto as Exhibit "B." Filing and service of said First Amended Counterclaim shall be made by mail after this stipulation has been entered as an order.3. This stipulation and order addresses only leave of court to amend pleadings and add claims, and is without prejudice to the right of any party to challenge any factual allegation or legal contention contained in the same.4. Since the stipulated amendments do not add parties, it is agreed that service of the amended pleadings may be done pursuant to Rule 5, F.R.C.P.APPROVED AND SO ORDERED.(jni)
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Filing 67
Letter to Magistrate Judge Kenneth J. Mansfield from Ralph J. O'Neill, Esq., dated December 17, 2020, re: Motion ECF #56 . (jni)
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Filing 66
EO: Hearing on #56 Motion for Leave to File Amended Answer to Assert Counterclaim is set for 1/20/2021 at 9:30 a.m. via telephone before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Until further notice, for all hearings before Magistrate Judge Kenneth J. Mansfield, parties are to participate via telephone through our AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing. Dial in number is 1-877-848-7030Access Code is 2123668(MAGISTRATE JUDGE KENNETH J. MANSFIELD)(mansfield1)
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Filing 65
EO: The Court hereby GRANTS the parties #64 request to continue the current trial date of June 22, 2021 to September 8, 2021 at 9:00 a.m. in Aha Kaulike before JUDGE ALAN C. KAY. The parties are to submit a Stipulation and Order with the new trial date which should articulate any other deadlines that the parties agree to re-open, if any. Stipulation and Order shall be email to mansfield_orders@hid.uscourts.gov as soon as possible. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
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Filing 64
LETTER from Ralph J. O'Neil dated December 11, 2020 requesting a joint continuance of the trial date of June 22, 2021. (bbb)
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Filing 63
STATEMENT of No Opposition filed by Beverly K. Bennett. (Attachments: #1 Certificate of Service)(Demetrakopoulos, Harvey)
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Filing 62
EO: Hearing on #56 Motion for Leave to File Amended Answer to Assert Counterclaim is set for 1/7/2021 at 9:00 a.m. via telephone before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Until further notice, for all hearings before Magistrate Judge Kenneth J. Mansfield, parties are to participate via telephone through our AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-877-848-7030Access Code is 2123668Defendants Poipu Resort Partners, LP, et al. may file oppositions by December 17, 2020. Plaintiff Beverly K. Bennett may file a reply by December 28, 2020.Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 12/8/2020. (mansfield1)
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Filing 61
STATEMENT of No Opposition filed by Beverly K. Bennett. (Demetrakopoulos, Harvey)
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Filing 60
STATEMENT re #56 MOTION for Leave to File Amended Answer to Assert Counterclaim Third-Party Defendant Emser Tile, LLC's L.R. 7.8 Pre-Filing Statement Regarding ECF No. 56 filed by Emser Tile. (Attachments: #1 Declaration of Counsel, #2 Certificate of Service)(O'Neill, Ralph)
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Filing 59
CERTIFICATE OF SERVICE by Association of Apartment Owners of Poipu Point, Association of Apartment Owners of Poipu Point, Diamond Resorts International Club, Inc., Diamond Resorts International Club, Inc., Poipu Resort Partners LP., Poipu Resort, Partners, L.P. (re: First Request for Answers to Interrogatories and First Request for Production of Documents to Third-Party Defendant Emser Tile) (O'Connor, Dennis)
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Filing 58
EO: A telephonic hearing on the #56 Motion For Leave To File Amended Answer To Assert Counterclaim ("Motion") is set for December 16, 2020 at 9:00 AM before Magistrate Judge Kenneth J. Mansfield. The parties are to participate via telephone through our AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing. Dial in number is 1-877-848-7030 Access Code is 2123668 The parties may file an opposition to the Motion by December 9, 2020. Third-Party Defendant Emser Tile, LLC ("Emser") may file a reply by December 14, 2020. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(mansfield1)
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Filing 57
EO: Third-Party Defendant Emser Tile, LLC's ("Emser") Motion For Leave To File Amended Answer To Assert Counterclaim ("Motion") omits the required LR7.8 Pre-Filing Conference Statement. See LR7.8 (requiring counsel to engage in a pre-filing conference "to discuss thoroughly, preferably in person, the substance of the contemplated motion and any potential partial or complete resolution."). Emser shall, if necessary, promptly engage in the LR7.8 conference. Emser shall also supplement its Motion with the LR7.8 Pre-Filing Conference Statement by November 30, 2020. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 11/24/2020. (mansfield1)
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Filing 56
MOTION for Leave to File Amended Answer to Assert Counterclaim Ralph J. O'Neill appearing for ThirdParty Defendant Emser Tile (Attachments: #1 Memorandum Memorandum in Support of Motion, #2 Declaration Declaration of Counsel, #3 Exhibit Exhibit A, #4 Certificate of Service)(O'Neill, Ralph)
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Filing 55
SECOND AMENDED RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 10/27/2020. JURY trial in this matter will commence before the Honorable Alan C. Kay, Senior United States District Judge on June 22, 2021, at 9:00 a.m.A final pretrial conference shall be held on May 11, 2021, at 9:45 a.m. before the Honorable Kenneth J. Mansfield, United States Magistrate Judge.(jni)
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Filing 54
EO: Regarding #52 the Rule 16 Scheduling Conference minutes, the Final Pretrial Conference previously set for 9:00 a.m. IS MOVED to 9:45 a.m. on the same date of 5/11/2021 via telephone before MAGISTRATE JUDGE KENNETH J. MANSFIELD. In accordance to the United States District Court for the District of Hawaiis latest Temporary General Order Regarding District of Hawaii Response to COVID-19 Emergency, due to the uncertainty of the ongoing pandemic and to minimize traffic into the Courthouse, at this time, hard copies of any settlement conference statements need not be delivered to the Clerk's Office. Instead, parties are to submit their confidential settlement statements via email to mansfield_orders@hid.uscourts.gov.The Court will be sending out a separate email providing counsel detailed instructions regarding Settlement Conferences Video Tele-Conference (VTC) access prior to the conference date.Until further notice, all other hearings before Magistrate Judge Kenneth J. Mansfield, parties are to participate via telephone through our AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-877-848-7030Access Code is 2123668 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
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Filing 53
CERTIFICATE OF SERVICE by Emser Tile Re: Third-Party Defendant Emser Tile, LLCs Joinder to Plaintiff Beverly K. Bennetts First Request for Production of Documents to Defendants Poipu Resort Partners L.P.; Diamond Resorts International Club; and Association of Apartment Owners of Poipu Point, Dated August 19, 2020 (Hemme, Matthew)
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Filing 52
EP: Telephonic Status Conference held on 8/27/2020. Trial date continued. Dates given. Court to prepare Second Amended Scheduling Order. Jury Selection/Trial is set for 09:00 AM on 6/22/2021 before JUDGE ALAN C. KAY. Final Pretrial Conference is set for 5/11/2021 at 09:00 AM before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Settlement Conference by video teleconference (VTC) is set for 3/22/2021 at 01:30 PM before MAGISTRATE JUDGE KENNETH J. MANSFIELD. The Court will provide details regarding VTC access prior to the conference date. Dispositive Motions filed by 1/20/2021. Discovery due by 4/23/2021. (ATT / 9:05 a.m. - 9:20 a.m.) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(laa)
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Filing 51
EO: The TIME for the Status Conference set for 8/27/2020 is ADVANCED to 09:00 AM before MAGISTRATE JUDGE KENNETH J. MANSFIELD.Parties are to participate via telephone through the court's AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-877-848-7030Access Code is 2123668 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(rls, )
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Filing 50
EO: Pursuant to the parties' #48 letter request, the Court sets a status conference for 08/27/2020, at 9:30 a.m., before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Parties are to participate via telephone through the court's AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-877-848-7030Access Code is 2123668 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(mansfield2)
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Filing 49
CERTIFICATE OF SERVICE by Beverly K. Bennett (Demetrakopoulos, Harvey)
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Filing 48
Letter to Magistrate Judge Kenneth J. Mansfield from Ralph J. O'Neill, Esq., dated August 18, 2020, re: setting further scheduling conference. (jni)
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Filing 47
CERTIFICATE OF SERVICE by Association of Apartment Owners of Poipu Point, Association of Apartment Owners of Poipu Point, Diamond Resorts International Club, Inc., Diamond Resorts International Club, Inc., Poipu Resort Partners LP., Poipu Resort, Partners, L.P. (re: Defendants/Third-Party Plaintiffs' Disclosure of Expert Witnesses) (O'Connor, Dennis)
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Filing 46
NOTICE of Change of Address by Harvey M. Demetrakopoulos on behalf of Beverly K. Bennett. (Demetrakopoulos, Harvey)
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Filing 45
CERTIFICATE OF SERVICE by Beverly K. Bennett (Demetrakopoulos, Harvey)
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Filing 44
WITHDRAWAL AND SUBSTITUTION OF COUNSEL FOR DEFENDANT AND THIRD-PARTY PLAINTIFFS POIPU RESORT PARTNERS, LP., DIAMOND RESORTS INTERNATIONAL CLUB AND ASSOCIATION OF APARTMENT OWNERS OF POIPU POINT; CONSENT; ORDER - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 1/15/2020. Attorneys Jeffre W. Juliano and Dennis E.W. O'Connor, Jr. added for Association of Apartment Owners of Poipu Point, Diamond Resorts International Club, Inc., and Poipu Resort Partners LP. Attorneys Joseph F. Kotowski, III and William J. Nagle, III terminated.(jo)
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ADVISORY ENTRY-Submission of Proposed Orders - Please be advised docket entry #43 Proposed Withdrawal and Substitution of Counsel requires the Judge's signature. If the filing party has not already done so, please email the document in Microsoft Word format to the applicable chambers' email address. See Section 10.4- Emailing of Proposed Orders and Stipulations to Chambers, of the CM/ECF Procedures Guide for additional instructions and a list of judge's email addresses. (jo)
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Filing 43
NOTICE [Proposed] Withdrawal and Substitution of Counsel by Association of Apartment Owners of Poipu Point, Diamond Resorts International Club, Inc., Poipu Resort Partners LP., Poipu Resort, Partners, L.P. (O'Connor, Dennis) Docket Text Modified on 1/15/2020 (jo)
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Filing 42
FIRST AMENDED RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 1/13/2020. (Jury Selection/Trial is set for 02/23/2021 at 9:00 a.m. in Aha Kaulike before JUDGE ALAN C. KAY) (Final Pretrial Conference is set for 01/12/2021 at 9:45 a.m. in Courtroom 6 before MAGISTRATE JUDGE KENNETH J. MANSFIELD)(jo)
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Filing 41
EP: STATUS CONFERENCE held.Counsel Ralph ONeill appearing on behalf of Third Party Defendant Emser Tile.Discussion held. Dates are given. Jury Selection/Trial is set for 02/23/2021 at 9:00 a.m. in Aha Kaulike before JUDGE ALAN C. KAY. Final Pretrial Conference is set for 01/12/2021 at 9:45 a.m. in Courtroom 6 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Settlement Conference is set for 11/20/2020 at 10:00 a.m. in Chambers of Magistrate Judge Kenneth J. Mansfield before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Dispositive Motions filed by 09/23/2020. Discovery due by 12/24/2020. Court to issue a First Amended Rule 16 Scheduling Order.(FTR-Ctrm C6 9:32 - 9:38.) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
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Filing 40
EO: At parties request, a Status Conference is set for 01/09/2020 at 9:30 a.m. in Courtroom 6 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. By agreement of the parties, the Final Pretrial Conference set for 12/24/2019 and Settlement Conference set for 01/03/2020 are VACATED. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
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Filing 38
EO: Due to a conflict in the Court's schedule, the Settlement Conference previously set for 12/13/2019 IS CONTINUED TO 01/03/2020 at 10:00 a.m. in Chambers of Magistrate Judge Kenneth J. Mansfield before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Settlement Conference Statements are due by 12/26/2019. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
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Filing 37
Third-Party Defendant Emser Tile LLC ANSWER to #30 Third Party Complaint,,, by Emser Tile. (Attachments: #1 Certificate of Service)(O'Neill, Ralph)
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Filing 36
AFFIDAVIT of Service for Declaration of Personal Service by Certified Mail of Emser Tile Julia Gilroy served on Emser Tile on October 11, 2019, filed by Association of Apartment Owners of Poipu Point, Diamond Resorts International Club, Inc., Poipu Resort Partners LP.. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Miller, Richard)
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Filing 35
CERTIFICATE OF SERVICE by Association of Apartment Owners of Poipu Point, Diamond Resorts International Club, Inc., Poipu Resort Partners LP. [AMENDED CERTIFICATE OF SERVICE RE: DEFENDANTS AND THIRD-PARTY PLAINTIFFS POIPU RESORT PARTNERS, L.P., DIAMOND RESORTS INTERNATIONAL CLUB AND ASSOCIATION OF APARTMENT OWNERS OF POIPU POINT'S EXPERT WITNESS DISCLOSURE AND REPORT; EXHIBIT "A"] (Nagle, William)
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Filing 34
CERTIFICATE OF SERVICE by Association of Apartment Owners of Poipu Point, Diamond Resorts International Club, Inc., Poipu Resort Partners LP. EXPERT WITNESS DISCLOSURE AND REPORT; EXHIBIT "A" (Nagle, William)
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Filing 33
EO: Counsel informs the Court that the parties will be entering into Mediation with Keith Hunter on October 30, 2019 and request that the Settlement Conference be continued. Therefore, the Settlement Conference previously set for 11/06/2019 IS CONTINUED TO 12/13/2019 at 1:30 p.m. in Chambers of Magistrate Judge Kenneth J. Mansfield before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Settlement Conference Statements are due by 12/06/2019. Mr. Harvey M. Demetrakopoulos to notify the parties. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
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Filing 32
Summons Issued as to Emser Tile (jo)
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Filing 31
Summons (Proposed) (Nagle, William)
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Filing 30
THIRD PARTY COMPLAINT against Emser Tile, THIRD PARTY COMPLAINT against Emser Tile, filed by Poipu Resort Partners LP., Emser Tile, Diamond Resorts International Club, Inc., Association of Apartment Owners of Poipu Point. (Attachments: #1 Exhibit 1, #2 Certificate of Service)(Nagle, William)
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Filing 29
STIPULATION for ORDER GRANTING LEAVE TO FILE THIRD PARTY COMPLAINT; ORDER; EXHIBIT "A", signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on September 20, 2019. (apg, )
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Filing 28
CERTIFICATE OF SERVICE by Beverly K. Bennett (Demetrakopoulos, Harvey)
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Filing 27
CERTIFICATE OF SERVICE by Poipu Resort, Partners, L.P. Diamond Resorts International Club,Inc. and Association of Apartment Owners of Poipu Point [Notice of Taking Deposition Upon Oral Examination-Beverly Bennett and Paul Bennett] (Nagle, William)
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Filing 26
RULE 16 SCHEDULING ORDER: Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 10/3/2018. (afc)
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Filing 25
EP: Rule 16 Scheduling Conference held on 7/9/2018. Dates are given. Court to prepare a Scheduling Order. Jury Selection/Trial is set for 9:00 AM on 2/4/2020 in Aha Kaulike before JUDGE ALAN C. KAY. Final Pretrial Conference is set for 12/24/2019 at 9:45 AM in Courtroom 6 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Settlement Conference is set for 11/6/2019 att 10:30 AM in Chambers of Magistrate Judge Kenneth J. Mansfield before MAGISTRATE JUDGE KENNETH J. MANSFIELD. File Dispositive Motions by 9/4/2019. Discovery deadline 12/6/2019. (Court Reporter C6-No record.) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(tl, )
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Filing 24
Scheduling Conference Statement DEFENDANTS POIPU RESORT PARTNERS, L.P.S, DIAMOND RESORTS INTERNATIONAL CLUB, INC.S AND ASSOCIATION OF APARTMENT OWNERS OF POIPU POINTS SCHEDULING CONFERENCE STATEMENT; CERTIFICATE OF SERVICE. (Attachments: #1 Certificate of Service)(Kotowski, Joseph)
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Filing 23
Corporate Disclosure Statement by Association of Apartment Owners of Poipu Point. (Attachments: #1 Certificate of Service)(Kotowski, Joseph)
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Filing 22
DEMAND for Trial by Jury. (Attachments: #1 Certificate of Service)(Kotowski, Joseph)
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Filing 21
DEFENDANT ASSOCIATION OF APARTMENT OWNERS OF POIPU POINTS ANSWER TO COMPLAINT; DEMAND FOR JURY TRIAL; CERTIFICATE OF SERVICE ANSWER to Complaint with Jury Demand by Association of Apartment Owners of Poipu Point. (Attachments: #1 Certificate of Service)(Kotowski, Joseph)
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Filing 20
CERTIFICATE OF SERVICE by Beverly K. Bennett (Demetrakopoulos, Harvey)
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Filing 19
Scheduling Conference Statement . (Attachments: #1 Certificate of Service)(Demetrakopoulos, Harvey)
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Filing 18
REPORT of Planning Meeting . (Attachments: #1 Certificate of Service)(Demetrakopoulos, Harvey)
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Filing 17
Corporate Disclosure Statement by Diamond Resorts International Club, Inc.. (Attachments: #1 Certificate of Service)(Kotowski, Joseph)
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Filing 16
Corporate Disclosure Statement by Poipu Resort, Partners, L.P.. (Attachments: #1 Certificate of Service)(Kotowski, Joseph)
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Filing 15
DEMAND for Trial by Jury. (Attachments: #1 Certificate of Service)(Kotowski, Joseph)
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Filing 14
DEFENDANTS POIPU RESORT PARTNERS, L.P.S AND DIAMOND RESORTS INTERNATIONAL CLUB, INC.S ANSWER TO COMPLAINT; CERTIFICATE OF SERVICE ANSWER to #1 Complaint with Jury Demand by Diamond Resorts International Club, Inc., Poipu Resort, Partners, L.P.. (Attachments: #1 Certificate of Service)(Kotowski, Joseph)
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Filing 13
SUMMONS Returned Executed by Beverly K. Bennett. Diamond Resorts International Club, Inc. served on 5/17/2018. (Demetrakopoulos, Harvey) Modified on 5/21/2018 (emt, ).
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Filing 12
SUMMONS Returned Executed by Beverly K. Bennett. Poipu Resort, Partners, L.P. served on 5/17/2018 . (Demetrakopoulos, Harvey) Modified on 5/21/2018 (emt, ).
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Filing 11
SUMMONS Returned Executed by Beverly K. Bennett. Association of Apartment Owners of Poipu Point served on 5/17/2018 . (Demetrakopoulos, Harvey) Modified on 5/21/2018 (emt, ).
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Filing 10
CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure. (Attachments: #1 AO 398 Notice of Lawsuit and Request to Waive Service of Summons, #2 AO 399 Waiver of Service of Summons) (emt, )
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Filing 9
Order Setting Rule 16 Scheduling Conference is set for 09:30AM on 7/9/2018 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 5/14/2018. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statements) Participants registered to receive electronic notification received this document electronically to the email addresses listed on the Notice of Electronic Filing (NEF). ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT. (emt, )
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Filing 8
Summons Issued as to Association of Apartment Owners of Poipu Point. (emt, )
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Filing 7
Summons Issued as to Diamond Resorts International Club, Inc. (emt, )
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Filing 6
Summons Issued as to Poipu Resort, Partners, L.P. (emt, )
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Filing 5
NOTICE of Case Assignment: Please reflect Civil case number CV 18-00171 ACK-KJM on all further pleadings. Participants registered to receive electronic notification received this document electronically to the email addresses listed on the Notice of Electronic Filing (NEF). (emt, )
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Filing 4
Summons (Proposed) (Demetrakopoulos, Harvey)
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Filing 3
Summons (Proposed) (Demetrakopoulos, Harvey)
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Filing 2
Summons (Proposed) (Demetrakopoulos, Harvey)
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Filing 1
COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0975-2032530.), filed by Beverly K Bennett. (Attachments: #1 Civil Cover Sheet)(Demetrakopoulos, Harvey)
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